Part XVE+W+S Subordinate Legislation

Modifications etc. (not altering text)

C1Pt. XV (ss. 411-422) applied (with modifications) (1.12.1994) by S.I. 1994/2421, arts. 8(4)(5)(8)(9), 10(2)(3)(6), Sch. 4 Pt. II, Sch. 7

C2Third Group of Parts (Pts. 12-19) applied to limited liability partnerships (with modifications) (E.W.S.) (6.4.2001) by S.I. 2001/1090, reg. 5, Schs. 3, 4 (as amended (4.3.2004) by S.I. 2004/355, art. 10 and (1.10.2005) by S.I. 2005/1989, reg. 3, Sch. 2 (with reg. 4))

General insolvency rulesE+W+S

412 Individual insolvency rules (England and Wales).E+W

(1)The Lord Chancellor may, with the concurrence of the Secretary of State, make rules for the purpose of giving effect to Parts VIII to XI of this Act [F1or the EC Regulation].

(2)Without prejudice to the generality of subsection (1), or to any provision of those Parts by virtue of which rules under this section may be made with respect to any matter, rules under this section may contain—

(a)any such provision as is specified in Schedule 9 to this Act or corresponds to provision contained immediately before the appointed day in rules made under section 132 of the M1Bankruptcy Act 1914; and

(b)such incidental, supplemental and transitional provisions as may appear to the Lord Chancellor necessary or expedient.

[F2(2A)For the purposes of subsection (2), a reference in Schedule 9 to this Act to doing anything under or for the purposes of a provision of this Act includes a reference to doing anything under or for the purposes of the EC Regulation (in so far as the provision of this Act relates to a matter to which the EC Regulation applies).

(2B)Rules under this section for the purpose of giving effect to the EC Regulation may not create an offence of a kind referred to in paragraph 1(1)(d) of Schedule 2 to the European Communities Act 1972.]

(3)Rules under this section shall be made by statutory instrument subject to annulment in pursuance of a resolution of either House of Parliament.

(4)Regulations made by the Secretary of State under a power conferred by rules under this section shall be made by statutory instrument and, after being made, shall be laid before each House of Parliament.

(5)Nothing in this section prejudices any power to make rules of court.

Textual Amendments

F1Words in s. 412(1) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(3)

F2S. 412(2A)(2B) inserted (3.5.2002) by S.I. 2002/1037, reg. 3(4)

Modifications etc. (not altering text)

C3S. 412 applied with modifications by S.I. 1986/1999, art. 3, Sch. 1 Pt. II

Marginal Citations